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Question:
Is abuse of process and malicious prosecution a criminal or civil offense?
I would like to seek charges for someone that made false allegations towards me in which I spent thousands of dollars to defend myself only to have the case dismissed. Could anyone give me a list of items and the criminal code associated with it.
Answer:
Actions which fall under the umbrella term “malicious prosecution” are civil claims. In most jurisdictions you can pursue the former claimant-plaintiff and their attorney. However, unless the former claimant-plaintiff is independently wealthy without protected assets, you are unlikely to recover on your potential judgment. As these claims involve allegations of wrongful, intentional, or grossly negligent conduct, the attorney’s professional liability carrier will disclaim coverage – due to coverage exceptions for intentional and reckless acts. Similarly, it is unlikely that the claimant-plaintiff will have any applicable insurance coverage.